Evidence heard by the Social Security Appeals CouncilHere's a question that was sent in by a visitor to the site: "If a case is remanded by an appeals council to the ALJ, what evidence is the ALJ allowed to consider: a. Only evidence that is dated before the last hearing? b. Only evidence that directly addresses the time period before the last hearing, regardless of date on evidence? c. Any evidence up to present day? d. None of the above / something else? Thank you!" I am a former disability examiner and my work was in a specfic area: deciding disability applications for SSD and SSI. However, this is from the POMS: C. Reviewing decisions 1. Reviewing decisions based on an application for benefits The AC will consider new and material evidence only where it relates to the period on or before the date of the ALJ hearing decision. 2. Reviewing other decisions not based on an application for benefits The AC will review the entire record, including new and material evidence. The AC will review the case if it finds the ALJ actions, findings, or conclusions are contrary to the weight of evidence currently on record. 3. Evidence and protective filing for future applications Evidence that relates to time after the date of the ALJ decision will establish a protective filing for a future application. See SI 00601.000 for information on protective filing. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related pages: Social Security and Disability Benefits for Children Social Security Disability Representation - Lawyers and Representatives Winning Social Security Disability or SSI Disability Qualifications and How to Qualify for Benefits Social Security Disability and SSI Overview Requirements for Disability Social Security Disability and SSI Applications How long does it take for Social Security Disability SSI? Social Security Disability and SSI Denials Social Security Mental Disability Benefits Questions about SSI Disability Benefits Social Security Disability Back Pay Benefits Social Security Disability SSI Awards and Award Notices Social Security Disability Back Pay Benefits Social Security Disability SSI and Doctors |
